Determining Fault for DC Motorcycle Accidents
Unfortunately, even safe, law-abiding motorcyclists can get into severe accidents when other drivers are negligent. When another party acts carelessly and causes you harm, you have the right to hold them financially liable for your losses. However, this can be easier said than done.
Determining fault for DC motorcycle accidents can be a complex process. You need assistance from a seasoned attorney like Roger Gelb to protect your rights and seek justice from the at-fault party. Let Gelb & Gelb, P.C., handle your case while you focus on your recovery.
Proving Fault for a Motorcycle Crash
Proving fault for a motorcycle collision is the same process as for crashes involving cars, trucks, pedestrians, or other vehicles. An experienced lawyer must show that another party was negligent, meaning they had a duty to act responsibly on the road, breached that duty, and caused the motorcyclist’s injuries. These four elements—duty, breach of duty, causation, and damages—are crucial in proving negligence and holding someone accountable for a DC motorcycle accident.
Contributory Negligence in DC Motorcycle Accident Claims
The District of Columbia is a contributory negligence jurisdiction. This means that if a motorcycle is considered at fault for an accident to any degree, they are barred from recovering compensation. Even if the motorcyclist was one percent at fault and the other driver was 99 percent to blame, the motorcyclist cannot hold them financially liable.
The Impact of Traffic Citations on Liability
Motorcyclists are held to the same standards as every motor vehicle operator in the District. They must follow the rules of the road and obey traffic laws. They must also abide by specific regulations for motorcycles, such as helmet laws. The Motor Vehicle Administration and the police enforce these standards.
If a motorcyclist disobeys the traffic laws and a crash occurs, they may be considered contributorily negligent. Although there are some exceptions, they would likely be barred from recovery. A motorcyclist should consult our DC attorneys as soon as possible after a collision to discuss liability in their case.
Cited for Lack of Insurance
If the motorcycle operator was cited for not having insurance, this does not necessarily preclude their liability claim. A lack of insurance is not the proximate cause of the accident, so the motorcyclist and their lawyer could still prove the other driver at fault and pursue compensation from them.
Consult a DC Lawyer on Assigning Fault for a Motorcycle Crash
The aftermath of a motorcycling wreck can be confusing and stressful. There are many deadlines to follow and claims to file to preserve your right to compensation. Additionally, defense attorneys and insurance adjusters are working against you, trying to blame you for your own injuries to avoid paying the compensation you deserve.
Contact an experienced lawyer like Roger Gelb as soon as possible. He could handle every aspect of your case, from informing the insurance companies of your claims, filing the necessary paperwork, handling negotiations, and ensuring you get paid fairly for your losses. Determining fault for DC motorcycle accidents is much easier with experienced legal counsel on your side. Contact Gelb & Gelb, P.C., today to get started.